In Issue 17 of The OHL Wire, we look at some of the NSW changes in response to sunset date concerns in off the plan purchases and the employment law issues that need to be on your radar in 2016. We discuss whether a video message from the grave can be considered as evidence for a valid will. We also look at your rights as a beneficiary of a will and tips for reducing the time of a property settlement during Christmas and New Year Season in Australia. We also check out upcoming events in Sydney and provide you with the top 5 business trends for 2016.

1. Off the Plan Purchases:
NSW Changes in response to
Sunset date concerns
January 2016
17
2
Can a video message from the
grave be a valid will?
The Employment Law Issues
That Need to be on Your
Radar in 2016
64 8page pagepage
LEGAL - WEALTH PROTECTION - INVESTMENT - BUSINESS - LIFESTYLE - SYDNEY
pagepage 7
Your rights as the
beneficiary of a will
LAW
ISSUE
2016
5 Business Trends for
Entrepreneurs in 2016

2. Off the Plan Purchases
NSW Changes in response to Sunset date concerns
If a home buyer purchases a property in a subdivision that has
not been built yet or has not been registered yet, this is referred
to as buying off the plan.
Buying off the plan lets homeowners plan ahead for their future
housing needs and encourages efficient and cost-effective land
development.
PAGE 1 OWEN HODGE LAWYERS

3. Sunset clauses are included in contractual agree-
ments when home buyers purchase off the plan.
They establish the right of a home buyer to pull
out of a contract and obtain a refund of all of their
deposit money in the event the home construction
hasn't been completed by a designated date.
However, home sellers also can use sunset clauses
to terminate contracts.
This has been raising concerns about the possibility
of developers taking advantage of the clauses to
end contracts when property values rise. Recent
court action has exacerbated these concerns,
prompting worry among those who are interested
in entering into contracts for off-plan purchases.
However, now legislation has been introduced in
NSW which could alleviate worries that buyers
have about a developer securing a windfall by
using a sunset clause to pull out of a contract.
New Legislation Could Protect Buyers in
Off the Plan Purchases
A series of cases in which developers used sunset
clauses to terminate contracts has been causing
significant concern about off the plan purchase
contracts. Consumers in NSW found developers
were rescinding their contracts, and then turning
around shortly thereafter and reselling the land or
apartments for a higher price.
Developers also reportedly were causing intention-
al delays in projects to trigger sunset clauses so
sellers could avoid fulfilling contractual obligations.
Buyers faced disappointment and uncertainty, as
well as the loss of properties that may have
increased significantly in value since the time the
buyers entered into their initial contract.
Proposed legislation was introduced in response
to buyers’ concerns. The legislation is called the
Conveyancing Amendment (Sunset Clauses) Act
2015. The legislation would prevent sellers from
terminating off the plan contracts unless notice of
the termination is provided to the buyer AND the
buyer agrees in writing to the termination. The
termination could not automatically occur due to
a buyer's non-response.
If a buyer did not agree in writing to the termination,
it could occur only if the seller was able to obtain a
Supreme Court order permitting the contract
termination, or if other regulations allowed the
termination.
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 2
Supreme Court order permitting the contract
termination, or if other regulations allowed the
termination. However, no such current regulations
exist that would allow a termination in other
circumstances.
What Will Courts Consider in
Determining Whether to Allow a
Termination?
If the court is asked to exercise its discretion to
determine whether to allow a termination, the
court must consider certain factors, including:
• The contract terms included in the off-plan
contract.
• Whether the seller is acting in bad faith or is
acting unreasonably.
• Why the delay in creating the subject lot
occurred.
• The date on which the seller estimates creating
the subject lot.
• Whether any increase in the value of the subject
lot has occurred.
• The effect contract rescission will have.
Decisions regarding whether the termination will
be permitted will need to be made on a
case-by-case basis unless the buyer agrees in
writing to the termination. If a seller seeks a
termination and the buyer does not agree, the
legislation makes clear the seller could become
responsible for paying the buyer's legal costs
unless the Court determines the buyer unreason-
ably withheld consent to terminate the contract
under the sunset clause. This reduces the risk to
buyers of refusing to allow a contractual agree-
ment to be terminated.
Seeking Legal Assistance
Valuable property and the opportunity for buyers
to build their dream home are all at stake when a
seller seeks to terminate a contract for an off the
plan purchase by using the sunset clause.
An experienced legal professional should be
consulted to provide representation in arguing
against such a termination when buyers wish to
prevent the rescission of the contractual
agreement. Owen Hodge Lawyers can provide
representation at all phases of real estate trans-
actions involving off-plan contracts, including
when disputes arise about contract termination.

4. The Employment Law Issues
That Need to be on Your Radar in 2016
For business owners and HR Managers in NSW,
the task of staying up-to-date with employment
law changes in 2016 may be a tricky challenge.
PAGE 3 OWEN HODGE LAWYERS

5. On a fundamental level it is essential to ensure that
the changes that came in with the new financial
year in July 2015 have been correctly implemented.
The Fair Work Amendment Bill 2014 was passed in
late 2015 in an effort to improve the efficiency of
collective bargaining and will affect employers with
unionized workforces, but aside from that, there
was relatively little new employment legislation.
Several important court decisions clarified the
rights of injured workers to bring civil claims and
the obligation of state-owned employers to comply
with the commitments in enterprise bargaining
agreements. The Federal Circuit Court also made it
clear that courts may use the accessorial liability
provisions in the Fair Work Act to make orders
against directors where orders against the
corporate entity would be unenforceable because
of liquidation or deregistration.
If enacted in 2016, the Fairer Paid Parental Leave
Bill 2015 might cause employers to re-think benefit
offerings. Further out on the horizon, various reports
and investigations may prompt changes in the law
dealing with employment discrimination, trade
unions, agricultural labour, and workplace relations.
Finally, of course, the next Federal election may
also sweep in major changes in labour and
employment law, but these are likely to be issues
in 2017 and beyond.
New Dollar Limits
From July 1, a number of caps and limits have gone
up, thanks largely to indexation:
• the salary limit above which an employee may not
make a claim for unfair dismissal has risen to
$136,700;
• the National Minimum Wage is now
up to $656.90 per week or $17.29
per hour;
• All award pay rates increased
by 2.5 percent as of July 1;
• The superannuation guarantee % also rose to
9.5 percent;
• The superannuation guarantee cap rose to
$50,810 per quarter, or $203,240 per annum;
• The redundancy tax concession has risen to
$9,780, plus $4,891 per completed year of
service;
• The eligible termination pay cap has risen to
$195,000.
In addition, as of that date, all employees must
receive a new Fair Work Information Statement
before or as soon as practicable after they start
employment. As of July 1, 2016 employers of 19
or fewer employees must make use of the simpli-
fied electronic SuperStream system for superan-
nuation compliance, as larger employers must
already do.
Fair Work Amendment Bill 2014
On November 11, both houses of Parliament
passed the Fair Work Amendment Bill 2014. The
law allows employers to submit proposed green-
fields agreements to the Fair Work Commission
for approval if a deal has not been reached with
unions during a six-month “negotiating period”.
Notable Cases
In Tomlinson v Ramsey Food Processing Pty Ltd,
the High Court unanimously held that employees
are not prevented from bringing civil claims
seeking damages for injuries sustained in the
workplace following a successful prosecution of
the employer by the Fair Work Ombudsman.
In United Firefighters Union v Country Fire Author-
ity, the Full Federal Court upheld the validity of an
enterprise bargaining agreement between
the Country Fire Association and the
United Firefighters Union.
The decision reverses a recent finding of
the Federal Court and means that
State-owned employers are subject to
commitments contained within enter-
prise bargaining agreements, like their
privately owned counterparts.
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 4

6. OWEN HODGE LAWYERSPAGE 5
In Roberts v A1 Scaffolding Group Pty Ltd
& Ors, the Federal Circuit Court took aim
at phoenix arrangements. It held that
directors were liable for underpayment
of the applicant’s wages including
allowances, accrued annual leave and
leave loading, redundancy, superannuation
and long service leave, with interest,
notwithstanding the fact that the
business was in liquidation.
Fairer Paid Parental Leave Bill
2015
The fate of the Fairer Paid Parental
Leave Bill 2015 is still uncertain. If
enacted, it would reduce
government payments to
parents who have access to
employer-paid parental
leave. It would also reduce
the employer’s administra-
tive responsibility to managing
those government benefits.
However, because of the adverse impact these
changes would have on some employees,
employers may be prompted to redesign benefit
packages to retain valuable workers.
Reports and Investigations a Likely Basis
for Further Legislation
Although 2015 was scant on employment
legislation, it was rich in reports and investigations
that may provide the basis for future law making.
An investigative report entitled “Slaving Away”
uncovered troubling labour practices in Australia’s
agricultural sector. The report revealed that some
labour hire companies exploit vulnerable tourists
with holiday visas, predominately from Asia, by
engaging them in temporary labour while paying
them less than minimum wage and imposing
unsatisfactory working conditions.
In 2015, the Productivity Commission undertook a
public inquiry on the workplace relations
framework. The report indicates that Australia’s
workplace relation system “needs repair not
replacement”. It remains to be seen whether
amendments to address the deficiencies identified
by the report, which include removing the weekend
penalty rate, will be implemented.
Public hearings held by the Trade Unions Royal
Commission highlighted the need for further
investigation into possible criminal conduct by
unions and officials, including “physical and verbal
violence, cartel conduct, secondary boycotts,
contempt of court and other institutional orders
and the encouragement of others to commit
these acts.
Finally, the Australian Human Rights Commission
has commenced an inquiry into employment
discrimination against older Australians and
Australians with disabilities. The Commission
intends to report on its findings and
recommendations by July 2016.
The task of keeping abreast of employment law
changes can be more than a full-time job for
business owners and HR managers.
At Owen Hodge Lawyers, our employment
attorneys are experts in the field and can be
depended upon to help keep your business in
compliance in 2016 and years thereafter.
Call us at your earliest convenience to schedule
a consultation at 1800 770 780.

7. Can a Video Message
from the Grave
be a Valid Will?
One common trend has involved people who make
video recordings specifying what they wish to
happen to their money and property in the event
of a death. These video messages can provide
details on what the deceased wants to happen,
but unfortunately many people are not aware that
a message they leave behind may not always be
legally enforceable.
Everyone needs to plan ahead for an uncertain
future and prepare a plan for what will happen
after their death. If you are considering creating
a video message, you should strongly think about
getting appropriate legal help so you can follow
the process for creating a will that follows all
requirements under the law. If someone you
love already has passed away and you need help
arguing for or against the use of a video message
as a valid will, you also should consult with a legal
professional.
Owen Hodge Lawyers is here to help with estate
planning and with the process of protecting your
interests and enforcing your loved one's wishes
after a death. Call us NOW!
Can a Video Message be a Valid Will?
In general, a video message cannot be considered
a valid will if it stands alone. This is because the law
requires a will be in writing. A video message is oral,
not written, and thus it cannot be classified as a
legally binding will that is enforceable.
In some Australian states, it may be possible for
those who wish their loved one's last wishes to be
respected to argue that a video recording should
be classified as a document and considered an
informal will. However, this is a long-shot
argument.
There is never any guarantee that any court in any
state would view the video as a legally enforceable
informal will. If there is both a written will and a
video recording which conflict, it also is well settled
under the law that the written will is going to
prevail. A video cannot be used to change or
modify the terms of a will under any circumstances.
While a video message cannot be a stand-alone
will, some people do want to use video messages
Video recording devices are easily accessible to
everyone today, and many people record them-
selves communicating all sorts of different things.
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 6

8. to further clarify provisions in a written will that could cause confusion or that could lead to conflict
among family members. As you create an estate plan, you may want to use a video message from
beyond the grave to explain why you made the decisions you did, or to provide more insight
into the terms of your will. However, even this can be risky because it will be up to the judge
to determine if a particular video recording should be used to argue in favor or against a
particular interpretation of a written will.
Judges may have a hard time making an accurate assessment of whether a video
creator was of sound mind at the time the video was recorded. There also could be
questions raised about whether the video was made under duress. This means
that while a video might be shown to family members to try discouraging
them from challenging a will, it would not necessarily have any legal effect.
Because you cannot count on a video to have any legal weight at all, it
is not a good idea to make a video an integral part of your estate
plan. Instead, it is best to ensure you have a comprehensive
written will, created with the help of an experienced legal professional, which clearly defines
exactly what your wishes are so there is no question about the legal validity of your written
requests.
Owen Hodge Lawyers has helped many clients prepare wills which make their wishes clear and which
allow the deceased to have control over how money and property can be transferred after death.
OWEN HODGE LAWYERSPAGE 7

9. Your rights as
the beneficiary of a will
In NSW, under the Succession Act
2006, there are three things you
should expect
as the beneficiary of a will.
• You have the right to be notified
that you are a beneficiary, to what
extent and how that share was
calculated;
• You have a right to be notified of
other claims, including legal
proceedings, against the estate;
and
• You have a right to receive your
distribution within 12 months or
know about the reasons for delay
if one is anticipated. If a gift of
money is not paid within 12
months, you may be entitled to
interest on that money.
Back to family drama, though;
there are five reasons not to
anticipate your inheritance:
• Funeral expenses come first. The
person who arranges the funeral is
responsible for paying the costs
but is entitled to reimbursement
from the estate ahead of other
creditors.
• If Uncle Eddie died owing more
than he owned, the claims of
creditors, including the cost for
treatment of his last illness, come
next.
• The proceeds of any life
insurance policy or superannuation
will pass to named beneficiaries,
separate and apart from the
provisions of the will;
• Unless you specifically request to
do so, you have no right to read the
actual will;
• If there are legal costs related to
your inheritance, for example if you
must sell land to collect cash, those
likely will come out of your pocket.
What to do next
If you are the beneficiary of a will,
you may need legal representation
to protect your rights. Remember
the executor has a duty to obey the
law and to carry out the deceased’s
intentions, but no particular duty
toward beneficiaries. If you have
questions or concerns about your
rights as the beneficiary of a will,
please call us for a free consultation
at 1800 780 770.
Divorce is a stressful process for
all parties, especially around the
holiday season. Many people want
to begin a new year with their
divorce issues settled and their
property settlement resolved.
Tips for Reducing the Time
of a Property Settlement
If you are committed to resolving
your property dispute and reach-
ing a settlement quickly during the
holiday season, here are some
tips:
• Get ready to negotiate early.
You should begin the process of
negotiating a property settlement
as early as possible and you
should be prepared to negotiate
as soon as you decide to end your
marriage. Obtain financial records
Reduce the Time of a Property Settlement
During Christmas and New Year Season in Australia
and all relevant documents right
away so you are ready for
effective negotiations.
• Communication. You need to be
ready to sit down and have a
discussion with your partner.
Consider what you each brought
to the relationship. Communicate
about your financial and economic
contributions and about what you
each should be entitled to walk
away from the relationship with.
• Bring in the professionals. A third
party can help you keep emotions
out of negotiations, and can
provide you with invaluable assis-
tance in effectively negotiating a
property settlement. The advice
of a professional can be essential
to knowing what you are entitled
to by law when a divorce occurs.
Then you can start off negotiations
on your property settlement with a
reasonable idea of what a fair
settlement would be.
Owen Hodge Lawyers has helped
many couples effectively reduce
the time it takes for a property
settlement. Give us a call now so
we can help you resolve this
important issue. issue so you can
move on in 2016.
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 8

10. OWEN HODGE LAWYERSPAGE 9
5
business
trends
in
2016
The start of a new year is a great
time for business owners to take
stock of their company's standing
and explore new possibilities for
growth.
1. The gig economy will continue
to create new opportunities:
Freelance work is continuing to
become more popular than ever,
and is moving into new industries
including professional services
fields. Your organization can look
for new ways to connect with
freelancers to provide needed
services, or can take advantage
existing networks of freelancers
out there to expand your talent
pool on an as-needed basis.
2. The sharing economy will
evolve and cause more
disruption. Many project the
sharing economy is likely to move
more towards altruism as there is
increased emphasis on ensuring
businesses benefit the consumers
and communities they serve.
3. Social media will continue to
increase in importance:
Generation Z, or the Limitless
Generation, is becoming a more
important and more vocal demo-
graphic group. This generation is
100 percent online and is strongly
tied into the online world of social
networks. As a result, social selling
is becoming even more important
and businesses that want to tap
into important new markets will
need to find ways to excel in the
creation of original shareable
content to get their message out.
4. Emerging markets will expand.
Investors will continue looking to
emerging regions such as the
Middle East and Africa to find new
opportunities to cater to a rapidly
growing global middle class. This
means the market for accessible
luxury is likely to expand.
5. Lean businesses will continue
to thrive. As money-losing start-
ups are forced to cut costs and as
competition for venture capital
financing increases, the most
successful companies are likely to
be focused on developing lean
businesses that grow organically
with the development of creative
products.
Entrepreneurs need to carefully
monitor market trends and look for
ways to take advantage of
emerging opportunities as new
markets develop and traditional
markets evolve.

11. Meriton Festival Village
7 January to 26 January
Elizabeth Street, Sydney NSW 2000
Woyzeck - Sydney Festival
7 January to 12 January
245 Wilson Street, Eveleigh NSW 2015
The 2016 Sydney Festival centrepiece,
Woyzeck, has been adapted from
Georg Buechner and created by Tom
Waits, Kathleen Brennan and Robert
Wilson. Directed by Jette Steckel of
the Thalia Theatre Germany,
Bondi Markets - Bondi Beach
3 Januaryto 10 January
Campbell Parade Bondi Beach NSW
(02) 9315 7011
Bondi Markets are the place to find the
next big thing. Keep your eye out for
up and coming designers. Mix it with
the locals and shop to the sights and
sounds of Australia's most famous
beach.
What’s On in Sydney
Everyone's favourite Festival Village is
back this summer, the ultimate oasis of
musical and theatrical delights, along
with plenty of delicious eats, all in the
heart of the city at Hyde Park.
Apia International Sydney
10 January to 16 January
Sydney Olympic Park NSW 2127
Riverside Organic Markets
9 January
Huntleys Point Road, Gladesville NSW
Phone: (02) 9999 2226
Riverside Organic Markets is a weekly
market running on Saturday. Hidden in
a little pocket of Gladesville, Organic
Food Markets have once again found
a niche providing fresh organic and
conventional fruit and vegetables,
artisan (and gluten free!) breads,
gourmet produce...
Summer Sounds in The Domain
9 January
1 Art Gallery Road, Sydney NSW 2000
(02) 9248 6500
Take all the things you know and love
about The Flaming Lips: psychedelic
pop anthems, the beamed-from-outer
space live shows, and the feelings of
joy and goodwill towards your fellow
humans, creatures and Martians - and
now imagine all of this happening in
The Domain, for free..
Apia International Sydney 2016 promises
to be one of the best tennis experiences
in the nation.
The Rabbits - Sydney Festival
14 January to 24 January
Roslyn Packer Theatre, Walsh Bay NSW
Phone: (02) 9318 8200
Quentin Tarantino Live On Stage
15 January 2016
80 Pyrmont Street, Pyrmont NSW 2009
(18) 0070 0700
Presented by the People's Republic of
Movies (P.R.O.M.), working directly with
Quentin Tarantino, an exclusive one-
night-only double bill of Australian
cinema plus a live Q&A hosted by the
Oscar® Award-winning writer/director
himself live on stage at The Star.
Apia Wheelchair International Open
12 January to 16 January
Sydney Olympic Park NSW 2127
www.apiainternational.com.au
The International Tennis Federtion
Wheelchair Tennis Tour originated in
1992 with 11 international tournaments,
but has grown in size and popularity
with currently over 160 events taking
place all over the world.
Opera Australia and Barking Gecko
Theatre Company, in conjunction with
Sydney Festival, present the brand
new Australian opera The Rabbits.
(02) 8248 6500
www.apiainternational.com.au
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 10

12. INDIVIDUAL AND COMMERCIAL LAW SPECIALISTS
Enhancing the lives of our clients by providing
acquisition of wealth, protection and management
of assets and the transfer of wealth throughout
generations.
CALL
1800 770 780
VIEW
www.owenhodge.com.au
VISIT
Level 3, 171 Clarence Street, Sydney NSW 2000
Level 2, 12-14 Ormonde Parade, Hurstville nsw 2220